Understanding West Virginia Personal Injury Settlement

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After undergoing the physical and mental trauma of dealing with an injury caused by the negligence of others, few injury victims look forward to the additional stress of a courtroom trial. Unfortunately, when serious injury or other complications are involved, litigation in court may be required to ensure full compensation for their injuries. But, many cases can be successfully resolved through West Virginia personal injury settlements.

Types of personal injury settlements in West Virginia

There are two basic methods for settling a case out of court:

  • Insurance claims:  You can often file an insurance claim to recover for medical costs and property damage. This might be an appropriate course of action when you suffered relatively minor injuries and property damage and can provide good evidence of all expenses you incurred. But, even with solid evidence, you may need to negotiate to achieve full and fair settlement. Often, negotiations with insurance adjustors achieve better results when handled by a skilled personal injury attorney in West Virginia.
  • Out-of-court settlement with responsible parties:  An out-of-court West Virginia injury settlement can often achieve fuller compensation than an insurance claim, largely because you are not limited by policy limitations. But, these settlements are most likely negotiated with attorney—not with the party who caused the auto accident. To protect your interests, you need a skilled attorney to negotiate on your behalf.

How personal injury lawyers in West Virginia help achieve favorable settlements

When you have a West Virginia personal injury attorney on your side, you benefit from negotiation skills acquired from years of experience. The attorneys at Kaufman & McPherson, PLLC have been helping clients pursue favorable settlements for over three decades. We know the laws governing the types of settlement you can collect. And we know how to anticipate any tactics that could prevent you from collecting all compensation you deserve.

Contact the firm today

Call or visit us for a free consultation to discuss your personal injury matter. We also offer home and hospital visits for those who are injured and cannot travel to us.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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